Building Has More Units Than Approved on C of O

Landlord sued to evict several building tenants for nonpayment of rent. Tenants claimed that the building was unlawfully occupied, in violation of Multiple Dwelling Law Section 302, and asked the court to dismiss the cases. The court ruled for tenants. Landlord appealed and lost. A Certificate of Occupancy (C of O) was issued for the building in 1970 stating that the building was permitted to have 53 apartments. But the building now had 60 apartments. DOB also had refused to issue a new C of O for the building because of serious fire safety concerns relating to the lack of a second means of egress for certain apartments. DOB also had issued violations for the unapproved alterations, failure to provide required means of egress from every floor, and occupancy contrary to that allowed by the C of O. Tenants' expert testified that the lack of a second means of egress for certain apartments would affect the safety of all tenants in the building as a result of overcrowding in the common corridor and staircase in the event of an emergency. Landlord therefore was barred from collecting rent for the entire building, and the case was properly dismissed.

GVS Properties LLC v. Vargas: 59 Misc.3d 128(A), 2018 NY Slip Op 50396(U) (App. T. 1 Dept.; 3/28/18; Ling-Cohan, JP, Gonzalez, Cooper, JJ)